Inchoate Crimes and Defenses

Question 1

Merger

Answer 1

You cannot be convicted of more than one of the inchoate crimes in PA

Question 2

Solicitation

Answer 2

Follows MBE def; PA allows defense of renunciation when:

(1) D persuades the other person not to commit the frime or prevents it from occuring; and
(2) Such act manifests a complete and voluntary renunciation of criminal intent

*Is not renunciation if you only do so bc you think you are going to get caught

Question 3

Conspiracy

Answer 3

PA requires an overt act by at least one party–need not be the person charged.

Withdrawal: (minority view) may withdrawal where thwards success of conspiracy; and withdrawal is complete and voluntary

Guilty of conspiring with third oarty when D knows co-conspirator has conspired with an unknown party

Question 4

Attempt

Answer 4

Substantial step test: has intent to commit crime and takes a substantial step

Abandonment: Is a defense; must be voluntary. Where it does not avoid commission of crime bc others are invovled, D must take further, affirmative steps to prevent crime in order to claim abandonment

Question 5

Self Defense

Answer 5

PA has more limited duty to retreat than MBE; retreat is only required where knows she could safely avoid the use of deadly force

Question 6

Duty to Retreat

Answer 6

• Only duty to retreat where D knows could safely avoid use of deadly force
• No duty to retreat in home or workplace, unless you are initiator or are attacked by co-worker
• Right to stand your ground anywhere you are legally entired to be if (1) you are not enganged in criminal activity, (2) not in possession of illegal firearms, and(3) target of force displays firearm, firearm replica, or apparently deadly weapon
• Applies to defense of others

Question 7

Duty to Retreat in homes and cars

Answer 7

Limited presumption that deadly force is required if you are award that the person is entering or has entered your home or occupied vehicle, or is attempting to extract you therefrom.

• Applies regardless of whether you see a deadly weapon

Does not apply when: they have a right ot be in your home; the person is trying to take their child or grandchild; or you are engaged in criminal activity and using the home for such

Question 8

Duress

Answer 8

No available if the D recklessly puts himsel in a position where it is probably that he would be under duress

Question 9

Entrapment

Answer 9

Objective rule: officer induces criminal conduct by methods that create a substantial risk that the crime will be committed by persons other than those ready to commit it

PA does not look to a person’s actual predisposition